General Municipal Law § 50-h hearing A pre-lawsuit examination New York municipalities may demand after receiving a Notice of Claim, where the claimant testifies under oath about the incident and injuries before any case is filed.
After a Notice of Claim is filed against the City of New York, the Comptroller's Office routinely demands a 50-h hearing, which resembles a deposition: the claimant answers questions under oath about how the sidewalk fall happened, the defect involved, and the medical treatment received. A claimant generally cannot start the lawsuit until the demanded hearing is held, and failing to appear can doom the case. Transcripts from these hearings often decide settlement value. In sidewalk matters, 50-h hearings apply to claims against the City, not to suits against private abutting owners.
Frequently Asked Questions About General Municipal Law § 50-h hearing
What is a 50-h hearing?
A pre-lawsuit examination under oath that a New York municipality may demand after receiving a Notice of Claim, where the claimant testifies about the incident and their injuries.
Is attendance mandatory?
Effectively yes. A claimant generally cannot start the lawsuit until a demanded hearing is held, and failing to appear can bar the case.
What is asked at the hearing?
How the fall happened, the exact location, the defect involved, prior knowledge of the condition, medical treatment received and the extent of the injuries.
Does a 50-h hearing apply to claims against private owners?
No. It applies only to claims against the City or another public entity, not to suits against private abutting property owners.